The Scope of Indirect Command Responsibility in the Context of Autonomous Weapons

In recent decades, advancements in military technology have led to the development of autonomous weapons- a weapon capable of operating without direct human oversight. As these weapons become more prevalent in modern warfare, questions have emerged regarding accountability for their actions. This paper explores the doctrine of command responsibility in the context of autonomous weapons. The doctrine holds commanders responsible for actions committed by their subordinates, even if the commander did not directly order the wrongful act. Given the increasing use of autonomous weapons, a central question arises: can commanders be held responsible for actions taken by these weapons? This paper examines whether the doctrine of command responsibility can be applied in situations involving autonomous weapons, with a particular focus on indirect command responsibility. It assesses the conditions for indirect command responsibility, such as the commander's knowledge or ability to prevent wrongful acts. The paper uses the legal dogmatic method to identify the applicable law and provides an answer to the research question. To better understand how commanders could be held responsible for International Humanitarian Law violations, this paper also explores how the use of autonomous weapons challenges core international Humanitarian Law principles, such as the principle of distinction, proportionality, and precaution, which traditionally rely on human decision-making and oversight. This paper reaches to the conclusion that the current framework of indirect command responsibility is not suited to address the unique challenges posed by autonomous weapons. The lack of clear accountability for actions taken by autonomous systems highlights a gap between current legal doctrine and technological advancements. Therefore, the paper suggests that the development of autonomous weapons necessitates a careful re-evaluation of the legal framework to ensure accountability in future warfare.